FIND GUN LAWS BY STATE

Table of Contents

About the author
ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More

New York Gun Laws

Share this state
Table of Contents

Introduction

New York is bordered by Connecticut, Massachusetts, and Vermont to the east, New Jersey and Pennsylvania to the south, and Canada to the north and west, and has a maritime border with Rhode Island. New York City is the most populous city in all of the United States and has recently experienced many changes in their gun law.  If You have further questions, reference the Governor’s website: [http://gunla.ws/byc8]

 

Share
Ask a question about this

A. State Constitution

New York does not have a constitutional provision for the right to bear arms. [http://gunla.ws/ny1]

However, New York’s Civil Rights Code states:

“A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.” [http://gunla.ws/ny2]

Buy Gun Laws By State Now

Like what you see here? Buy the book today and support this information and the gun law community. Thank you!


Share
Ask a question about this

B. Scope of Preemption

New York does not have a preemption statute; however, the resident licensing statute states:

“Any license issued pursuant to this section shall be valid notwithstanding the provisions of any local law or ordinance. … A license to carry or possess a pistol or revolver, not otherwise limited as to place or time of possession, shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city.” [http://gunla.ws/ny3]

Some cases have held that some local ordinances are impermissible due to state preemption. Therefore, one must check with local ordinances regarding carrying of a firearm within any city or municipality, especially within New York City. It is highly recommended one consult with a New York licensed attorney as recent cases may change the law and scope of preemption. New York City has much stricter gun laws than the rest of the state, and generally does not recognize carry permits, even those issued by New York State.

Share
Ask a question about this

C. Reciprocal Carry

By statute, New York will not recognize another state’s license to carry, however one may transport a firearm in the state pursuant to:

“Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15 and 270.05 shall not apply to: … 13.  Possession of pistols and revolvers by a person  who is a nonresident of this state while attending or traveling to or from, an organized competitive pistol match or league competition under auspices of, or approved by, the National Rifle Association and in which he is  a competitor, within forty-eight hours of such event or by a person who is a non-resident of the state while attending or traveling to or from an organized match  sanctioned by the International Handgun Metallic Silhouette Association and in which he is a competitor,  within forty-eight  hours  of  such  event,  provided  that  he  has  not  been previously  convicted  of a felony or a crime which, if committed in New York, would constitute a felony, and further provided that the pistols or revolvers  are  transported  unloaded  in  a locked opaque container together with a copy of the match program, match schedule or match registration card. Such documentation shall constitute prima facie evidence of exemption, providing that such person also has in his possession a pistol license or firearms registration card issued in accordance with the laws of his place of residence.

Share
Ask a question about this

D. NFA Items

Ownership of MGs, suppressors, SBRs, and SBSs are prohibited to the average citizen. DDs are permitted except for rockets with greater than 3 ounces of propellant, which are prohibited. AOWs are legal to own but are still required to be on a pistol permit. AOWs disguised as non-firearms are illegal. [http://gunla.ws/hv8w]

Share
Ask a question about this

E. License is Required to own Pistols

New York requires a pistol permit in order to purchase, possess, or transport a handgun. This permit is different from a permit to carry a pistol. Even after You receive a pistol permit, You must make a separate application for each pistol You wish to buy or sell. In order to purchase a handgun, the holder of a pistol permit must apply for an amendment to their permit to include the new gun, and can make the purchase only after this application is granted. Once purchased, each handgun must be registered and a description of it (by make, model, caliber, and serial number) must be added to the pistol permit. Applying for a pistol permit can take 4-6 months and requires a background check, and for the applicant to list several character references. The pistol permit must be renewed every 5 years.

Share
Ask a question about this

F. Universal Background Checks

Background checks are mandatory for all firearm sales, and every firearm sale (except between family members) must go through an FFL. Documentation of the check must be provided to the New York State Police and You must keep a record of the transaction. [http://gunla.ws/slwt]

Share
Ask a question about this

G. Regulation of Ammunition Sales

Currently all sales of ammunition must go through a registered ammunition dealer, who is to record and report each sale.  Internet purchases of ammunition must be sent to an ammunition dealer for pickup, all sales of ammunition must be conducted face to face. This law also mandated that ammunition dealers will be required to conduct background checks on the sale of ammunition, however on 7/10/15 the government suspended implementation of this background check law because the technology to create the ammo background check system is not yet operational. As of 10/3/17 this ammo background check provision is not currently in effect, but it will likely be implemented in the future once the background check system is ready.

Share
Ask a question about this

H. High-Capacity Magazine Ban

New York bans the manufacture, sale, transportation, and possession of magazines with the capacity to hold more than 10 rounds of ammunition. This ban does not grandfather in previously legal magazines, and people were required to dispose of any magazine holding more than 10 rounds by 2/15/13. The only exceptions are for internal tubular/helical magazines chambered in .22, which are allowed to contain more than 10 rounds and antique high-quality magazines, if registered to an associated antique assault weapon. [http://gunla.ws/iq83]

Share
Ask a question about this

I. Assault Weapons Ban

New York maintains an assault weapons ban. The manufacture and sale of assault weapons is prohibited. Possession of assault weapons is prohibited unless they were legally owned by 1/15/13 and registered with the state by 1/15/14. New York does not allow the registration of new assault weapons, and the registration of existing assault weapons must be renewed every 5 years. The definition of assault weapons can be found here:

[http://gunla.ws/ny4]

Share
Ask a question about this

J. Carrying Firearms in Vehicles

New York generally prohibits the carrying of firearms in vehicles by people without a carry permit. Long guns may be carried only if they are unloaded and secured in a locked container that is not readily accessible. Handguns may only be carried by people with carry permits. [http://gunla.ws/ny5]

Share
Ask a question about this

K. Self-defense Laws

New York has a Castle Doctrine but no SYG law. There is no duty to retreat when in Your dwelling. You may use force, including deadly force, in defense of yourself or others if You reasonably believe it is necessary to prevent imminent use of deadly force by the aggressor, kidnapping, forcible rape, robbery, arson, or burglary of an occupied building. [http://gunla.ws/ny6]

Share
Ask a question about this

L. Criminal Provisions

Under New York law, a license to carry a handgun is not valid in any of the following places or circumstances:

  • In a building or on the grounds of an educational institution, including:
    • Any school
    • A college or university
    • On a school bus
  • Court houses
  • Any place that Federal Law prohibits the carry
  • If transporting a firearm through New York (that is NY is not Your destination and You are traveling to a state where possession is permitted) do keep the firearm locked away, unloaded and not easily accessible by driver or passenger
  • Note: there are even stricter rules when/if the Mayor has declared a state of emergency in New York City
  • Gun owners are required to report theft of any of their guns within 24 hours of discovering that theft
  • Requires that guns be safely stored such that they are inaccessible to any household member who has been convicted of a felony or domestic violence crime, been involuntarily committed, or is currently under an order of protection
  • Police are authorized to seize guns from someone who has been certified by a medical professional to be too mentally unstable to safely possess rifles or shotguns

For a list of places where carrying firearms is prohibited, see:

[http://gunla.ws/ny7]

Share
Ask a question about this

M. Duty to Inform LEO Immediately on Contact?

No. While carrying a pistol or revolver, every licensee must have on his or her person a license to carry the same. Every person licensed to possess a pistol or revolver on particular premises shall have the license for the same on such premises. Upon demand, the license must be exhibited for inspection to any LEO. [http://gunla.ws/zy1d]

Share
Ask a question about this

N. Carry in Restaurants That Serve Alcohol

Yes. New York has no laws prohibiting the carrying of firearms in restaurants that serve alcohol, so long as You possess the appropriate Permit/License. Places like Fridays or Chili’s unless they have a “No Gun Sign,” then it is suggested that You not carry into the establishment. This does not include a bar or the bar area of a restaurant – You are prohibited from carrying into these areas. You can carry Your firearm into a restaurant that serves alcohol, but You are prohibited from carrying while You consume alcohol or are under the influence of alcohol.

Share
Ask a question about this

O. Open Carry

The law in New York is extremely vague on open carry. Open carry in public is not legal in most instances. While no law specifically bans open carry, a license to carry is issued to carry concealed as per N.Y. Penal Law § 400. [http://gunla.ws/yygx] Therefore, pistol permit holders must carry concealed. Open carry is permitted while hunting and on one’s own property. Open carry of unloaded long guns is not explicitly prohibited by any law, but is generally not practiced. [http://gunla.ws/wcu6]

Share
Ask a question about this

Embed this paragraph

Have a website or blog? Copy and paste this into the html of your
website or blog.



FIND GUN LAWS BY STATE

Table of Contents

About the author
ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More